The definition of past relevant work for Social Security disability determination was supposed to change from 15 years to 5 years on June 8 but that’s now to come into effect two weeks later, June 22. At least that’s the word on the street. They’ll have to publish something in the Federal Register eventually. I don’t know what the point is. This shouldn’t require much training. Did they only belatedly notice some policy issues that were quickly apparent to those of us who represent claimants?
The word on the street is that this delay is related to the Agency's failure to give proper notice to Congress as required by the Congressional Review Act, as this policy change was, as that Act defines the term, a "major rule."
ReplyDeleteI think many ALJs have been applying the new 5-year rule since they were announced since any case appealed would be reviewed under the new guidelines.
ReplyDeleteThat’s pretty incorrect. I know the AC likes to hold post-decision policy changes against ALJs in remands, but they will be/should be reviewing decisions using the rules as of the date of adjudication rather than the date they’re reviewing it.
DeleteI have been utilizing the 5-year period more recently because the turnaround time from hearing to signing is at a point now to where I won’t sign it until after 6/22. I’m also curious to see what the courts do with cases denied on PRW that are decided between the announced 6/8 effective date and this new 6/22 effective date internally decided. Won’t affect me, but I’m sure some decisions will be scrutinized by the courts on that basis.
And they have not said yet if and how this will affect res judicata
Delete@ 9:46 am is correct. Congress requires 60-day notice. June 22 is the 60 days.
ReplyDeleteCommunication on the rollout, application of the rule (i.e. at date of decision or date of application) and change to effective date of the rule has been pathetic.